Dáil Éireann díospóireacht -
Wednesday, 30 May 2001

Vol. 537 No. 3

Written Answers. - Human Rights Abuses.

Nora Owen

Ceist:

113 Mrs. Owen asked the Minister for Foreign Affairs if he will make a statement on the recent judgment of the European Court of Human Rights delivered on 10 May 2001 in the case of Cyprus v Turkey; the effect this decision will have on Ireland's relationship with the island of Cyprus; and if he will make a statement on the matter. [16141/01]

Minister for Foreign Affairs (Mr. Cowen)

The case relates to the situation in northern Cyprus since the invasion of that territory by Turkey in 1974 and the continuing division of the island of Cyprus. The issue at stake was the accountability of Turkey for violations of the European convention on Human Rights occurring in northern Cyprus. Cyprus contended that notwithstanding the establishment of the so-called Turkish Republic of Northern Cyprus in November 1983, Turkey remained accountable under the convention on the grounds that the TRNC was an illegal entity and is not recognized by the international community. Turkey maintains that the TRNC is a democratic and constitutional state and is politically independent of all other states, including Turkey, and that allegations of human rights abuses made by Cyprus were imputable exclusively to the TRNC.

The application by Cyprus was lodged with the European Commission of Human Rights in 1994 and was declared admissible on 28 June 1996. In June 1999, the Commission reported that there was no basis on which a friendly settlement of the issues could be secured and referred the matter to the court in September 1999.

In a judgment delivered at Strasbourg on 10 May 2001, the court held by 16 votes to one that the matters complained of by Cyprus in its application entailed Turkey's responsibility under the European Convention on Human Rights. In all the court held that there had been 14 violations of the convention. It should, however, be noted that the court decided unanimously that the question of the application of Article 41 of the convention which deals with the matter of just satisfaction was not ready for decision. Details of the very lengthy decision can be found on the court's internet website at http//www.echr.coe.int. I am arranging for a copy of the press release issued by the court summarising the judgment to be sent to the Deputy.

The policy of the Government with regard to the Cyprus problem is not affected by the decision of the court, which is binding on the parties concerned. Ireland recognises the Government of the Republic of Cyprus as the sole and legitimate government of the island of Cyprus. We believe this decision, which is consistent with previous decisions of the court in relation to the status of Cyprus, re-emphasises the need for a resolution of the problem of Cyprus. In this regard, Ireland supports the efforts of the UN Secretary General in the search for a political solution based on a bi-communal, bi-zonal and federal approach.